Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 789CD

  (1)   If:

  (a)   in accordance with section   789CC, an apparent indirectly responsible entity has been given a demand for payment of a specified amount; and

  (b)   the amount has not been paid in full by the time specified in the demand;

a person or organisation specified in subsection   (2) (the applicant ) may commence proceedings for an order requiring the entity to pay the specified amount.

  (2)   The proceedings may be commenced:

  (a)   by the TCF outworker; or

  (b)   on the TCF outworker's behalf, by:

  (i)   an organisation that is entitled to represent the industrial interests of the outworker; or

  (ii)   an inspector.

  (3)   The proceedings may be commenced in:

  (a)   the Federal Court; or

  (b)   the Federal Circuit and Family Court of Australia (Division   2); or

  (c)   an eligible State or Territory court.

  (4)   Subject only to subsections   (5) and (6), the court may make an order requiring the entity to pay, to the outworker or to another person on the outworker's behalf, the specified amount   (or so much of that amount as the applicant alleges is still owing).

  (5)   The court must not make an order under subsection   (4) if the entity satisfies the court that the entity is not liable under section   789CB to pay any of the specified amount.

  (6)   If the entity satisfies the court that the amount of the entity's liability under section   789CB is less than the specified amount (or is less than so much of that amount as the applicant alleges is still owing), the court must not make an order under subsection   (4) requiring the entity to pay more than that lesser amount.

  (7)   In making the order, the court must, on application, include an amount of interest in the sum ordered, unless good cause is shown to the contrary.

  (8)   Without limiting subsection   (7), in determining the amount of interest, the court must take into account the period between the day when the unpaid amount was due for payment by the responsible person and the day when the order is made.

  (9)   Proceedings cannot be commenced under this section more than 6 years after the time when the unpaid amount became due for payment by the responsible person.